Wisconsin applies modified-51 comparative fault with a $750,000 medical-malpractice non-economic damages cap. For fracture claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Wisconsin's modified comparative — 51% bar and any applicable statutory cap.
Wisconsin applies modified comparative negligence with a 51% bar. A fracture claimant who is 50% at fault still recovers 50% of damages; one assigned 51% recovers nothing. This is slightly more claimant-friendly than the 50% bar applied in some neighbouring states, and it leaves room for negotiation in mixed-liability fracture cases where the comparative-fault split is close to even.
Wisconsin's caps (medical malpractice non-econ cap) apply to the non-economic component of fracture damages and can compress upper-tier verdicts. The exact application depends on the cause of action and the head of damage; the caps section on this page sets out each ceiling and the conditions under which it bites.
★ band · US federal frame
$15,000 – $80,000
Wrist or arm fracture
Settlement aggregates
The US band is the starting point. Wisconsin's fault rule and any applicable cap then adjust the figure.
★ WI · statute of limitations
3 years from date of injury
Wis. Stat. § 893.54
★ WI · fault rule
Modified comparative — 51% bar
Modified comparative — recovery barred at 51% claimant fault.
★ WI · caps
What caps recovery.
Statutory caps that may bear on a fracture settlement in Wisconsin.
Medical malpractice non-econ cap
Med-mal claims
$750,000
Wis. Stat. § 893.55
★ fracture · neighbouring jurisdictions
Compare to neighbours.
How Wisconsin's fault rule and limitation period compare to other US jurisdictions for fracture claims.
Each answer is independently coherent and references the relevant statute or authority document.
How much is a fracture claim worth in Wisconsin?
Wisconsin fracture settlements track the federal US band of $15,000 – $80,000, adjusted for Wisconsin's fault rule (modified comparative — 51% bar) and any applicable state cap. The position within the band turns on severity, prognosis, recovery time, and the strength of the medical paper trail.
What fault rule applies to fracture claims in Wisconsin?
Modified comparative — 51% bar. Modified comparative — recovery barred at 51% claimant fault.
What is the statute of limitations for fracture claims in Wisconsin?
3 years from date of injury. Source: Wis. Stat. § 893.54. Filing after the period expires generally bars the claim absent a tolling exception.
Do Wisconsin's damages caps reduce fracture settlements?
Yes — Wisconsin applies the following caps that may bear on a fracture claim: Medical malpractice non-econ cap. Caps are applied to the gross award before any fault-allocation reduction.
Does Wisconsin require no-fault first-party recovery for auto-related fracture claims?
No. Wisconsin is a traditional tort jurisdiction; the at-fault driver's insurer is the primary source of recovery for auto-related fracture claims.
Should I hire a Wisconsin fracture attorney?
For all but the most modest claims, yes. Wisconsin's fault rule and caps materially affect the calculus, and adjusters value represented claims significantly higher. Most Wisconsin personal injury attorneys work on contingency (33–40% typical), with no fee unless you recover.
Figures on this page are starting points: the US band adjusted for Wisconsin's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Wisconsin. See /methodology, /sources, and /disclaimer.